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This agreement applies between you and MB Services under the brand name Maison Marchan, located Rue de la Fosse au Sable 27/32 in 1420 Braine-L'alleud, Belgium. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Services.
Basis of order and acknowledgment of receipt
The Contract is subject to these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions which you purport to apply in any Contract). Minimum order quantities may apply at our discretion.
A Contract will only take effect when we have issued acknowledgment of receipt and written acceptance of this Contract (notwithstanding any prior confirmation of receipt). We may, in our sole discretion, refuse any purchase order placed by you. No changes or modifications to the Contract will be permitted after acceptance by us, unless accepted in writing by us. In the event of a conflict between the prices indicated online and our acknowledgment of the Contract, the latter will prevail.
Product descriptions and prices
We do our best to ensure that product information is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or price of the Products, or that the Products will always be available if you wish to place an Order to purchase them. Additionally, the colors you see on your screen may depend on your system and computer settings. We therefore cannot guarantee that your computer will display these colors accurately. We reserve the right to modify the information on the Products displayed on our Site, in particular with regard to prices, description and availability. However, these changes will not affect orders for which you have already received an order receipt email.
Purchases
To complete a purchase, you must first place an order for products. Then this Order must be accepted by us. To place an Order, you will need to select the Products on the Site, select your preferred shipping method and, if desired, other optional services, and finally click on the “CONFIRM” button. We will not accept orders placed in any manner other than as detailed above.
When you place the Order via the Site, you will receive an automated email confirming receipt of your Order. The order receipt email contains all the details of your order (such as order number, product information, prices, your delivery address, delivery costs and others). Please note that the order receipt email does NOT already constitute acceptance of your order.
When your Order is accepted by us, we will send you an email confirming that all or part of the Products have been shipped (“Shipping Confirmation Email”). Once you receive the Dispatch Confirmation email, your Order has been definitively accepted by us and the purchase contract between you and us is concluded with respect to the Products actually shipped. Such a contract is made up of: your Order; our order receipt and shipping confirmation emails; the general conditions then in force apply.
When orders are not accepted
Although we will do our best to always accept Orders, we may refuse an Order in certain circumstances, for example if: you provide us with incomplete, incorrect or fraudulent information relating to your identity, age, payment details, billing information, your delivery address; we discover that there has been an error on our Site relating to the Products you have ordered, for example concerning the price or description displayed; the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your order, we will contact you by email as soon as possible but in no case later than 30 days from the date of your order. If we are unable to accept your order because the products are no longer available or because of an error in the price and/or other information on our site, we will refund any amount that you may have already been charged for these products.
Delivery and acceptance
Unless otherwise agreed by us in writing or expressly stated, we will arrange for the carrier of our choice to transport the product and at your risk and expense, and delivery will take place when the product is made available to the carrier in our premises. Delivery dates are estimates only and are subject to the carrier's terms and conditions. We will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in delivery of the Product, and no delay will entitle you to terminate or cancel the Contract .
If for any reason you do not take delivery of the product, or the carrier is unable to deliver the product on the estimated delivery dates because you have not provided appropriate instructions or you do not have not paid these delivery costs in advance, then this product will be considered to have been delivered and the risks will be transferred to you. We may, at our discretion, store this product until actual delivery, after which you will be responsible for all associated costs and expenses (including, without limitation, storage and insurance). You must promptly notify the carrier of any damage, loss or non-receipt of any Product. We will not be responsible for any such damage, loss or non-receipt.
We may, at our discretion, make partial shipments of the Product, in which case each delivery will constitute a separate contract. Our failure to deliver one or more shipments in accordance with these terms and conditions or any claim by you regarding one or more shipments will not entitle you to terminate the entire contract or refuse to accept subsequent shipments. You will accept any early delivery.
You will be deemed to have accepted the Product as conforming to the Contract, we will not be held responsible for any defect and/or failure and you will be required to pay the price unless: (a) within fifteen (15) days following on the date of delivery of the Product, you notify us in writing of any defects apparent upon inspection of the Product in accordance with the Contract; or (b) you inform us in writing of any lack of conformity of the Product with the Contract within a reasonable time when the defect and/or failure would not be apparent within fifteen (15) days following the delivery date.
Transfer of Risk and Title
Risk in the Product will pass to you upon delivery as set forth herein. All legal, beneficial and equitable title to the Product remains with us (even if it has been delivered and risk has passed to you) until we notify you in writing to transfer legal and beneficial ownership of the Product to you. Product or, if earlier: (a) full payment, in cash or cleared funds, for the entire Product has been received by us; and (b) any other money owed to us by you on any other account or under the Contract or any other contract or order has been received by us. Our rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit or restrict our other rights or remedies under the Agreement or at law or in equity. We will have the right to take action against you for the price of the product, even if legal, equitable and beneficial title to the product has not passed to you.
Warranty
We warrant that the product supplied hereunder will, at the time of delivery, be free from defects in materials and workmanship. You must submit reasonable written particulars to us establishing a breach of the warranty set forth above. Unless we agree otherwise in writing, our liability for failure of a product to conform to the above will be limited to the replacement or repair of the product. We will cover all reasonable return packaging and shipping costs for a valid claim. If we ask you to do so, you must return any product that has been replaced to us as soon as possible.
We will not be liable for a breach of warranty in any of the following circumstances: (i) the product has been modified, altered, used for its intended purpose, or misused or neglected; (ii) the Product was not used in accordance with our instructions; (iii) normal wear and tear, intentional or accidental damage; (iv) Product with a stated shelf life or use-by date, if that shelf-life has expired or the use-by date has passed; (vii) the price for the Product, or any other goods or services provided by us or our affiliates, has not been received in full.
Minor deviations from specifications which do not affect the performance of the Product will not be considered to constitute defects in materials or workmanship or non-compliance with the stated specifications.
Exclusion and limitation of liability
These terms and conditions set out our entire liability (including any liability for the acts or omissions of our subcontractors) in relation to the product supplied by us and any representation, statement or tortuous act or omission, including negligence arising from or in relation to the contract. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or for any liability which cannot lawfully be excluded or limited.
Under no circumstances will we be liable for: (1) any loss of anticipated profits; (2) any loss of actual profits (direct or indirect); (3) any loss of anticipated savings; (4) any loss of business or income; (5) any economic loss of any kind; (6) any indirect, special or consequential loss or damage, or any punitive or exemplary damages, howsoever arising; (7) any loss resulting from a third party claim of any nature; and/or (8) any losses arising from the use, application or results obtained from any software incorporated into the Product.
We will not be liable for any such loss, whether or not such loss or damage is foreseen, direct, foreseeable, known or otherwise, our total aggregate liability arising out of or in connection with the performance or contemplated performance of the contract , whether for negligence or breach of contract or for any reason whatsoever, may in no case exceed the price paid by you for the product giving rise to your claim.
To the extent permitted by law, the time within which any claim arising out of or relating to the Contract must be brought is limited to one year from the date such claim or cause of action is discovered or should have been discovered during the exercise of due diligence and no claim may be made after the expiration of this agreed limitation period.
The Products are not designed, manufactured or supplied for clinical use and are not approved for clinical or medical applications. You agree to indemnify and hold us harmless from any claims, actions, judgments, orders, costs and/or expenses, due to personal injury, including death and/or property damage suffered by you or others. third party and which arises from or in connection with the medical or clinical use of the product.
Returns
Although we are confident that you will love our products. We understand if you don't find them suitable for your needs. Please ensure all returns are returned in resalable condition to ensure they are accepted. If a return is deemed non-resalable, your return will be rejected and may be returned to you. We are unable to refund return costs unless the product is found to be faulty. If you need to return your purchase, please email us with your name and order number, as well as the reason you wish to return your purchase. We will then ask you some mandatory questions about your returned item(s) to prevent people from taking advantage of our system. We will send you a free returns label, which you must stick to your original packaging before dropping it off at a post office. Please note that the price paid for personalized items and made-to-measure items will only be refundable if they are faulty.
Damaged or defective items
In the unlikely event that you receive a damaged item, please complete a returns request, including as much information as possible about the defect you have discovered so that we can fully investigate the problem for you. As part of this process, we may request a photo of the defect or damage so that we can assess the best course of action. We can offer a repair or exchange for your defective items, refunds for defective items will be given at our discretion.
Please note that we do not cover damage or defects caused by negligence, misuse or normal wear and tear. However, if you damage one of your items we may be able to repair it for you or offer a solution, so please do not hesitate to contact us.
Chargebacks
You agree to contact Maison Marchan before filing a chargeback request or any dispute with your bank or card issuer in connection with any transaction. If you make a card payment through The Laser Engravers, and subsequently dispute a legitimate charge by issuing a chargeback without basis or legitimate reason (as determined in our sole discretion), whether fraudulently or otherwise, we will reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback claim and/or take legal action, if applicable.
Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Confidentiality
For the purposes of applicable data protection legislation, Maison Marchan will process any personal data provided by you in accordance with the Privacy Policy available on the Maison Marchan website or upon request from Maison Marchan.
You agree that, if you have provided Maison Marchan with personal data relating to a third party (1) you have in place all appropriate consents and notices necessary to permit the lawful transfer of such personal data to Maison Marchan and (2 ) that you have brought to the attention of that third party the Privacy Notice available on the Maison Marchan website or provided a copy of it to the third party. You agree to indemnify Maison Marchan for any liabilities, penalties, fines, awards or costs arising from your failure to comply with these requirements.
Disclaimer
The Maison Marchan Company makes no warranty or representation that the Products will meet your requirements, that they will be of satisfactory quality, that they will be suitable for a particular use, that they will not infringe the rights of third parties, that they they will be secure and that all the information provided will be accurate. We do not guarantee any specific results from the use of our products.
Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of such right or remedy.
Previous general terms and conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions will control unless expressly stated otherwise.
Notice
All notices/communications must be sent to us either by post to our premises (see address) or by contact form (email). Such notice will be deemed received 3 days after it is sent if sent by first class mail, on the day of sending if the email is received in its entirety on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and jurisdiction
These terms and conditions and the relationship between you and Maison Marchan will be governed and construed in accordance with the law of the Kingdom of Belgium and you agree to submit to the exclusive jurisdiction of the Belgian courts.
General Terms and Conditions
Info
adDress:
rue de la Fosse au Sable 27/32
1420 Braine-L'alleud
Belgium
Tel : +32 492 09 40 50
BE 0727132586
MB SERVICES (trading under the 'Maison Marchan' brand name)
© 2024 Maison Marchan. All rights reserved.
